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Florida Statute 48.041 | Lawyer Caselaw & Research
F.S. 48.041 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 48.041

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 48
PROCESS AND SERVICE OF PROCESS
View Entire Chapter
F.S. 48.041
48.041 Service on minor.
(1) Process against a minor who has never been married shall be served:
(a) By serving a parent or guardian of the minor as provided for in s. 48.031 or, when there is a legal guardian appointed for the minor, by serving the guardian as provided for in s. 48.031.
(b) By serving the guardian ad litem or other person, if one is appointed by the court to represent the minor. Service on the guardian ad litem is unnecessary when he or she appears voluntarily or when the court orders the appearance without service of process on him or her.
(2) In all cases heretofore adjudicated in which process was served on a minor as prescribed by any law heretofore existing, the service was lawfully made, and no proceeding shall be declared irregular or illegal if a guardian ad litem appeared for the minor.
History.ss. 1, 2, ch. 7853, 1919; CGL 4273, 4274; s. 1, ch. 19175, 1939; CGL 1940 Supp. 4274(13); s. 2, ch. 29737, 1955; s. 4, ch. 67-254; s. 1, ch. 84-176; s. 270, ch. 95-147.
Note.Former ss. 47.23-47.25.

F.S. 48.041 on Google Scholar

F.S. 48.041 on Casetext

Amendments to 48.041


Arrestable Offenses / Crimes under Fla. Stat. 48.041
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.041.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DEMPSEY, v. STATE, 82 So. 3d 928 (Fla. Dist. Ct. App. 2011)

. . . See § 48.041(l)(a), Fla. . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 966 So. 2d 943 (Fla. 2007)

. . . on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 . . .

CASON, o b o SAFERIGHT, v. HAMMOCK,, 908 So. 2d 512 (Fla. Dist. Ct. App. 2005)

. . . provisions of rule 5.040(a) specify how formal notice is to be given to a minor, we look to section 48.041 . . . Section 48.041(l)(a) provides that service on a minor who has never been married shall be accomplished . . . a legal guardian appointed for the minor, by serving the guardian as provided for in s. 48.031.” § 48.041 . . . necessary to formulate a definition of the term "legal guardian” that applies to all cases in which section 48.041 . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE TWO YEAR CYCLE, 858 So. 2d 1013 (Fla. 2003)

. . . on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . on natural persons under the following provisions: sections 48.081 (service of process generally), 48.041 . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 682 So. 2d 105 (Fla. 1996)

. . . on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 . . .

BOLENDER, a k a v. K. SINGLETARY,, 16 F.3d 1547 (11th Cir. 1994)

. . . Under section 48.041, Florida Statutes (1979), his guardian should have been served. . . .

UNITED STATES v. M. WISENBAKER, Jr., 14 F.3d 1022 (5th Cir. 1994)

. . . . § 48.041-5(a)(2) (1986) (emphasis added). . . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 604 So. 2d 1110 (Fla. 1992)

. . . under the following provisions: Florida Statutes § sections 48.031 (service of process generally), §-48.041 . . .

In AMENDMENTS TO RULES OF CIVIL PROCEDURE, 536 So. 2d 974 (Fla. 1988)

. . . persons under the following provisions: Florida Statutes § 48.031 (service of process generally), § 48.041 . . .

LANDERS v. DADELAND ANIMAL HOSPITAL, 14 Fla. Supp. 2d 134 (Fla. Cir. Ct. 1985)

. . . F.S. 48.041(1); Davie v. Calton, 453 So.2d 185 (Fla. 3rd DCA 1984); Williams v. . . .

DAVIE, v. CALTON, By CALTON,, 453 So. 2d 185 (Fla. Dist. Ct. App. 1984)

. . . reason of the process server’s failure to comply with the conjunctive and strict requirements of Section 48.041 . . . Section 48.041(1), Florida Statutes (1969), provides, in pertinent part, that process upon a minor who . . .

COMMUNITY FEDERAL SAVINGS AND LOAN ASSOCIATION OF PALM BEACHES, v. L. WRIGHT, W. Jr., 452 So. 2d 638 (Fla. Dist. Ct. App. 1984)

. . . . §§ 48.041(2) and 48.031, Fla. Stat. (1983). . . . However, appellant fails to read section 48.041(2) in pari materia with section 48.041(1). . . . Section 48.041(1) states that service on incompetents is accomplished by reading the process to the minor . . .

WILLIAMS a Ad a v. RICHARDSON, A. S. N., 432 So. 2d 58 (Fla. Dist. Ct. App. 1983)

. . . McNab, 139 So.2d 734 (Fla. 2d DCA 1962); Section 48.041(1) Florida Statutes (1977). . . . Defendant was not served in accordance with Section 48.041(1), Florida Statutes (1977). . . .

GODFREY v. NEUMANN, 373 So. 2d 920 (Fla. 1979)

. . . in that it failed to comply with the requirements for service upon a minor as prescribed by section 48.041 . . .

JONES, a v. LUCKS,, 349 So. 2d 691 (Fla. Dist. Ct. App. 1977)

. . . This case involves service of process on a minor pursuant to Section 48.041(1). . . . From this statement the trial judge concluded “that the reading requirement of Section 48.041 Florida . . .